9 MISS Dale County Commission Commission Meeting Minutes - November 23, 2021 The Dale County Commission convened in a regular session Tuesday, November 23, 2021. The following members were present: Chairman Steve McKinnon; District Three Commissioner Charles W. Gary; and District Four Commissioner Frankie Wilson. Absent: District One Commissioner Chris Carroll; District Two Commissioner Donald O. Grantham Chairman McKinnon called the meeting to order at 10:00am. Commissioner Gary opened with the Pledge of Allegiance. Commissioner Wilson followed with prayer. APPROVED = AGENDA Commissioner Wilson made a motion to approve the agenda with the following changes: Remove: Personnel Item - Christian Bostrom - R&B dept. Add: Personnel Item - Michael Chadwick - Sheriff dept. Add: Letter of Designation - FY 2022 Section 5311 Program. Add: EMA Resolution. Add: Asset Surplus Request. Commissioner Gary seconded the motion, all voted aye. Motion carried. APPROVED MEMORANDUM OF WARRANTS Commissioner Gary made a motion to approve the following Memorandum of Warrants: Accounts Payable Check Numbers 91526-91550. Payroll Check Numbers: 154778 - 154781. Direct Deposit Check Numbers: 40284-40421. Commissioner Wilson seconded the motion, all voted aye. Motion carried. Dale County Commission Commission Meeting Minutes - November 23, 2021 Page2of4. APPROVED - NOVEMBER 9, 2021 MINUTES Commissioner Gary made a motion to approve the Minutes of the Commission Meeting on November 9, 2021. Commissioner Wilson seconded the motion, all voted aye. Motion carried. APPROVED - PERSONNEL Commissioner Wilson made a motion to approve the following: Corey DeBolt = Reserve Deputy - Sheriff Dept. - New Hire Jonathan Bess from Maintenance Tech to Custodian = Re-evaluation of Michael Chadwick - Sheriff dept - Deputy Sheriff to Investigator - Promotion. Position Commissioner Gary seconded the motion, all voted aye. Motion carried. APPROVED - TRAVEL REQUEST Commissioner Gary made a motion to approve the following travel request: Derek Brewer, Rd & Bridge = ACCA Legislative Conference Dec 8-9, 2021 Cheryl Ganey = Commission - CGE!: County Administration Update - January Birmingham, AL $460.00 26-27, 2022 Prattville, AL $505.28 Commissioner Wilson seconded the motion, all voted aye. Motion carried APPROVED - RESCIND PROPOSED REDISTRICTING PLAN Commissioner Gary made a motion to approve to rescind the proposed Redistricting Plan, approved on 11/09/21, due to an error in publication. Commissioner Wilson seconded the motion, all voted aye. Motion carried. APPROVED - 2022 HOLIDAY SCHEDULE Commissioner Gary made a motion to approve the calendar year 2022 holiday schedule for the Dale County Commission. See Exhibit 1. Commissioner Wilson seconded the motion, all voted aye. Motion carried. Dale County Commission Commission Meeting Minutes - November 23, 2021 Page 3of4 APPROVED ALCOHOL LICENSE APPLICATION Commissioner Wilson made a motion to approve the alcohol license application for Dollar General Store 23143 at 1645 Co Rd 112, Midland City, AL 36360. See Exhibit 2. Commissioner Gary seconded the motion, all voted aye. Motion carried. APPROVED - CANCELLATION OF DECEMBER 28, 2021 MEETING Commissioner Gary made a motion to approve the cancellation of the December 28, 2021 regular Commission meeting. Commissioner Wilson seconded the motion, all voted aye. Motion carried. APPROVED - CHANGES IN CAPITAL ASSET SCHEDULE Commissioner Gary made a motion to approve changes in the Capital Asset Schedule. See Exhibit 3. Commissioner Wilson seconded the motion, all voted aye. Motion carried. APPROVED - AGREEMENT - TROY UNIVERSITY RADIOTOWER Commissioner Gary made a motion to approve the Memorandum of Agreement between the Dale County Commission and Troy University for the use of Troy University towers for radio use by the Dale County Sheriff's Office. See Exhibit 4. Commissioner Wilson seconded the motion, all voted aye. Motion carried. APPROVED - FY 2022 SECTION 5311 PROGRAM DESIGNATION Commissioner Gary made a motion to approve a Letter of Designation for FY 2022 Section 5311 Program. See Exhibit 5. Commissioner Wilson seconded the motion, all voted aye. Motion carried. APPROVED - EMERGENCY MANAGEMENT AGENCY EMAIRESOLUTION Commissioner Gary made a motion to approve an EMA Resolution. See Exhibit 6. Commissioner Wilson seconded the motion, all voted aye. Motion carried. Dale County Commission Commission Meeting Minutes November 23, 2021 Page4of4 APPROVED - CAPITAL ASSET SURPLUS - SHERIFF Commissioner Gary made a motion to approve the surplus of capital assets for the Sheriff's office. See Exhibit7. Commissioner Wilson seconded the motion, all voted aye. Motion carried. ANNOUNCEMENT = NEXT REGULAR MEETING Chairman McKinnon announced that the next regular meeting of the Dale County Commission will be Tuesday, December 14, 2021 at 10:00am. ADJOURNMENT: CONFIRMATORY STATEMENT Commission Gary made a motion to adjourn the meeting. Commissioner Wilson seconded It_is hereby ordered the foregoing documents, resolutions, etc., be duly confirmed and entered into the minutes of the Dale County Commission as its official actions. the motion. All voted aye. Motion carried. Steve McKinnon, Chairman Exhibit 1 DALE COUNTY COMMISSION 2022 Holiday Schedule 10 hour 8hour employees employees January 17, 2022 February 21, 2022 Floating Holiday April 15, 2022 May 30, 2022 June 20, 2022 July 4, 2022 Floating Holiday September 5, 2022 October 10, 2022 November 11, 2022 November 24, 2022 November 25, 2022 December 26, 2022 Monday Monday MLK Day Presidents' Day 10 10 10 X 10 10 10 10 10 10 X 10 X 10 110 8 8 8 8 8 8 8 6 8 8 8 8 8 8 110 March 14 - May 14 Friday Monday Monday Monday Good Friday Memorial Day Juneteenth 4thofJuly July 18 : Sept 18 Monday Monday Friday Thursday Friday Monday Labor Day Columbus Day Veterans' Day Thanksgiving Thanksgiving Christmas TOTAL Holiday Hours 11/8/2021 Exhibit 2 Adding Beer and Wine to Current Tobacco Permit STATE OF ALABAMA ALCOHOLIC BEVERAGE CONTROLBOARD ALCOHOL LICENSE APPLICATION Confirmation Number: 20217701082543550 Type License: 050-RETAIL BEER (OFF PREMISES ONLY) State: $150.00 County: $75.00 Type License: 070-RETAIL TABLE WINE (OFF PREMISES ONLY) State: $150.00 County: Tradel Name: DOLLAR GENERAL STORE 23143 Applicant: DOLGENCORP LLC $75.00 Filing Fee: $100.00 Transfer Fee: Location Address: 1645 COUNTY ROAD 112 MIDLAND CITY,AL 36350 Mailing Address: 100 MISSION RIDGE GOODLETTSVILLE, TN 37072 County: DALE Product' Type: 01 Do you sell Draft Beer?: Date of Authority: 10/16/2008 Federal Tax ID: 61-0852764 Name: BIEVENGSUNDERLAND 133551131-TN BARBARALSPRINGER 062367237-TN POHNWGARRATT 132392757-TN Tobacco sales: YES Tobacco Vending Machines: 0 Type Ownership: LLC Book, Page, or Document info: A73 PAGE 173 Datel Incorporated: 10/09/2008 State incorporated:TN County Incorporated: FRANKLIN Alabama State Sales Tax ID: R006106389 Date and Place ofBirth: Residence Address: Title: CEO VPTREASURER MEMBER 02/04/1964 ELMHURSTIL 12/19/1967 WINTERI HAVEN FL 09/25/1968 CANTON OH 380HILIDAIEDRIVE NASHVILLE, TN 37215 1001 GALLATIN, SAINTBLAISETRAIL TN 37066 IESCHAMPONSHIPBVD FRANKLIN, TN 37064 Has applicant complied with financial responsibility ABC RR 20-X-5-.14? YES Does ABCI have any actions pending against the current licensee? NO Has anyone, including manager or applicant, had al Federal/State permit or license suspended or revoked? NO Has al liquor, wine, malt or brewed license for these premises ever been denied, suspended, or revoked? Aret the applicant(s) named above, the only person(s), in any manner interested int thel business Are any oft the applicants, whether individual, member ofaj partnership or association, or officers directors ofa corporation itself, in any manner monetarily interested, either directly or indirectly, and the profits ofa any other class ofbusiness regulated under authority oft this act? NO Does applicant own or control, directly or indirectly, hold lien against any real or personal rented, leased or used in the conduct of business by the holder ofa any vinous, malt or brewed property distilled liquors permit or license issued under authority of this act? NO Isa applicant receiving, either directly or indirectly, any loan, credit, money, or the equivalent thereoffrom or through as subsidiary or affiliate or other licensee, or from any firm, association or to NO be sought in which is beverage, or licensed? YES under or regulated by the authority oft this act? NO Contact Person: TRACY GRUBISIC Business Phone: 334-000-0000 PREVIOUS LICENSE NFORMATION: corporation operating Home Phone: 615-855-4000 Cell Phone: E-mail: Previous License Number(s) License 1: License 2: Fax: ax-peerandwheicensegcolageneral.com Trade Name: Applicant: Exhibit2 STATE OF ALABAMA ALCOHOLIC BEVERAGE CONTROL BOARD ALCOHOL LICENSE APPLICATION Confirmation Number: 20211101082543550 Ifa applicant is leasing the property, is a copy oft thel lease agreement attached? Name of Property owner/lessor and phone number: BROADWAY GROUP LLC What is lessors primary business? LAND DEVELOPER Is lessor involved: in any way with the alcoholic beverage business?NO Ist there any further interest, or connection with, the licensee's business by the lessor? NO Does the premise have at fully equipped kitchen? NO Ist thel business used tol habitually andj principally provide food to the public? NO Does the establishment have restroom facilities? YES Will thel business be operated primarily as aj package store? NO Building Dimensions Square Footage: 10566 Building seating capacity:0 Number of licenses in the vicinity: 0 Nearest: 0 Nearest school: 0 blocks Location is within: COUNTY 256-533-7287 Ist the premise equipped with services and facilities for onj premises consumption ofa alcoholic beverages? NO Display Square Footage: Does Licensed premises include aj patio area? License Structure: SINGLE STRUCTURE License covers: ENTIRE STRUCTURE NO Nearest church: 0 blocks Police protection: Nearest residence: 0 blocks or member, Disposition: COUNTY Has any person(s) with any interest, including manager, whether as sole applicant, officer, partner been charged (whether convicted or not) ofa any law violation(s)? Name: Violation & Date: Arresting Agency: Exhibit 2 Store #23143 STATE OF ALABAMA ALCOHOLIC BEVERAGE CONTROL BOARD ALCOHOL LICENSE APPLICATION Confirmation Namher2211i0i02sa35sc Initial each Signature page - Inreferencet tol law violations, lattestt tot the truthfuiness oft ther responses given withint the application. Inreferencet tot thel Lease/property ownership, lattest to thet truthfulness ofthe responses givenv within Inr reference toA ACTI No. 80-529, understand thati ifmy applicationi is denied or discontinued, Iwill not! be N/A Inn reference tos Special Retall or Special Events retail license, lagree to comply witha alla applicable laws and regulations concerning this class ofli license, and to observe the specialt terms and conditions asi indicated N/A Inr reference tot the Club Applicationi information, lattest tot the truthfulness oft the responses given N/A Inr referencet tot the transferc ofl licensellocation, lattestt tot thet truthfuiness oft thei information listed ont the Ina accordance with Alabamal Rules & Regulations! 20-X-5-.01(4). anys social security number disclosed under this regulation shall be used fort the purpose ofi investigation or verification by the ABC Board The undersigned agree, ifal licensei is issued as herein applied for, to complya ata allt times with andt to fully observe allt the provisions oft the Alabama Alcoholic Beverage Control Act, as appears in Code ofA Alabama, Title 28, and alll laws oft the State ofA Alabama relativet tot the! handling ofa alcoholic beverages. Theu undersigned, ifissued al license as hereinr requested, further agrees to obey allr rules andi regulations promulgated! by the! boardr relative to alla alcoholic beverages receivedi int this State. The undersigned, ifissued al license as hereinr requested, also agrees to allow and! herebyi invites duly authorized agents of the Alabama Alcoholic Beverage Control Boarda and any duly commissioned law enforcement officer of the State, County or Municipality in whicht thel license premises arel located toe enter and search without awarrant the licensed premises or any bullding owned or occupied by him or heri inc connection with said! licensed premises. Theu undersigned! hereby understands that! he ors she violate any provisions ofthe aforementioned laws his orh her license shall be subject tor revocation andi noli license can be againi issued tos saidi licensee for a period ofo oney year. The undersigned further understands and agrees that no changes int the manner ofc operationa andi no deletion or discontinuance ofa anys services orf facilities as described int this application will be allowed withoutv written approval ofthe proper governing body and the Alabama and correct, and thatt the applicant Ist the only personi interested Int the business for whicht the license the application. refunded thef filing fee required byt this application. within the application. within the application. attached transfer agreement. and shall not be a matter ofp public record. Alcoholic Beverage Control Board. 535 Ihereby swear anda affirm thatl Ihaver read the application and alls statements therein andi facts setf forth aret true isr required. Applicant Name (print): Slevehn Swnegrland Notary Name (print): Carisa Durrell Notary Signature: C! Application Taken: 11/1/2021 App. Inv. Completed: Signature of Applicant: Distlict Office: Received from Local Government: Forwarded to Central Office: Submitted Received in District Office: Forwardecleys to Local Government: AAs Reviewed by Supervisor: Exhibit3 Exhibit 4 MEMORANDUM OF AGREEMENT (Second Renewal) BETWEEN AND DALE COUNTY COMMISSION (DALE COUNTY SHERIFF'S DEPARTMENT) TROY UNIVERSITY (TROY UNIVERSITY POLICE) Because of an identified need for antenna space and a mutual desire to collaborate, the Dale County Commission and Troy University desire to work together for the mutual benefit of providing public safety radio communications on the Radio' Towers at Troy University Main Campus Site (31-48-09.ON 085-57-27.4W) in Pike County, Troy University Barnes Crossroads (31-32-40.6N 085-40-03.8W) in Dale County, and' Troy University Wicksburg site (31-12-31.0N0 085-36-51.0W) in Houston County. The full intention of this Agreement is to aid in providing Public Safety Communications for multiple Public Safety Entities in Southeast Alabama specifically Pike and Dale Counties. THIS AGREEMENT, is made this gth day of December, 2021 and will terminate on the gth day of December, 2024. This agreement is between the Dale County Commission with its principle place of business being the Dale County Sheriff's Department, hereinafter referred to as the "Licensee" and Troy University with an address on University Avenue, Troy, Alabama referred to as "Licensor". A. Licensee has an interest in licensing/leasing space on the Troy University towers sites located in Pike, Dale, and Houston Counties for the receipt and transmission of wireless communications. signals on its public safety 700/800 MHz P25 system. Neither the Licensee nor Licensor shall charge a fee to the other for the use oft their B. Inorder for Licensee to install and provide continuing maintenance on its equipment at the sites, it is necessary for employees, agents, or independent contractors of Licensee to enter upon and install or conduct maintenance on its communications equipment when accompanied by approved contractor; towers or equipment during the term of this agreement. 1 Troy University: shall provide power for equipment. D. Licensee agrees to provide for radio use Licenses at no cost to the Licensor. Itis understood that Troy University (Licensor) would be responsible to provide all radios for these Licenses. Licensee agrees to provide adequate representation on any Technical or Operations committees regarding the P25 radio system. E. Licensor agrees to maintain its tower, including but not limited to lights, painting, and other repairs and does not include maintenance on equipment owned and installed by Licensee. Exhibit 4 F. Itis is understood that Licensee covenants to secure, check, and service said equipment in such a manner that no damage shall be caused to the tower. G. Alli rights and liabilities herein given to or imposed upon the respective parties hereto shall, to the extent that such are assignable, extend to and bind the several H. This agreement only may be amended or modified as may be mutually agreed upon - Allr notices given pursuant to this Agreement shall be in writing and may be hand delivered, or shall be deemed received within 30 days after mailing if sent by registered or certified mail, return receipt requested. If any notice is sent by facsimile, confirmation copies must be sent by mail or hand delivery to the specified address. Either party from time to time change its Notice Address by written notice and respective successors and assigns oft the parties hereto. by written instrument executed by the parties hereto. to the other party. NOW1 THEREFORE, in consideration of the mutual promises, covenants undertakings and other considerations set forth in this Agreement, Licensor and Licensee agree as follows: 1. CONSENT. Licensor consents and agrees that Licensee, its employees, agents, and independent contractors ("Authorized Parties") may enter upon the tower sites and tower (herein the "Properties") to conduct and perform some or all of the following activities ("Permitted Activities"); ; radio propagation studies, structural assessment, installation, and maintenance or replacement ofcommunication equipment, and such other tests and inspections of the tower site which licensee may deem necessary or advisable. Licensee agrees to be responsible for any and all costs related to the Permitted Activities, including installation on and removal of equipment on the Properties. This Agreement represents a license that is limited in purpose and scope to the least amount of access which is required to undertake and complete the Permitted Activities and does not represent a lease or create in Licensee, any interest 2. ACCESS, Licensor agrees that the Authorized Parties may enter the tower site upon the Property to perform the Permitted Activities upon execution of the Agreement and may have access to the Properties 24 hours a day. Licensee agrees to provide the Licensor with as much advance notice prior to entering the properties as possible whenever feasible. Licensee will provide the Licensor with a 48 hour notice of scheduled maintenance activities. Licensor understands the emergency maintenance needs due to system outages could preclude the Licensee from providing Licensor int the Property or any other property owned or leased by Licensor. with notification in at timely manner. Licensor Contact: Buddy. Johnson, 334.482.3287 Licensee Contact: Chief Deputy Mason Bynum, 334.379.0839 Exhibit4 4 3. REMOVAL OF PROPERTY. Licensee agrees that it will, upon the conclusion of the term oft this Agreement, remove any equipment installed on the Properties as a part oft the Permitted Activities, and will return the Properties to the condition they were in before the Licensee'sentry onto the Properties. Ini the event any equipment installed on the Properties by Licensee is not timely removed, Licensor, after giving Licensee thirty (30) days prior written notice, willl havet the right to remove such equipment and Licensee agrees to responsible for the reasonable costs of such removal, and shall reimburse Licensori for any costs Licensorinursinsuch removal within thirty (30) days 4. INDEMNITY. To the extent permitted by law, each party (the "indemnitor)agreesto indemnify, save harmless, and defend the other, its directors, officers, employees and property management agent, if any, from and against any and all claims, actions, damages, liability, and expense in connection with death, personal injury and /or damage to property arising from or out of any occurrence in 1 upon or at the Properties caused by an act or omission of the Indemnitor, its agents, or employees inc conduction the activities on the Properties. Any defense conducted by Indemnitor of any such claims, actions, damages, liability and expense will be conducted by attorneys chosen by Indemnitor, and Indemnitor will be liable for the payment of any and all court costs, expenses of litigation, reasonable attorney's fees and any judgement that may be entered therein. The provisions of this paragraph 4 shall 5. INSURANCE. Prior to entry upon the Properties, Licensee agrees to ensure that all Authorized Parties, including contractors, have a certificate of insurance in the amount of $5 million evidencing Authorized Parties insurance coverage. 6. - GOVERNING LAW. The parties agree that the interpretation and construction of the Agreement shall be governed by the laws of the state of ALABAMA, Pike County without regard to such state's conflict of law's provisions and should either party be required to legally enforce the terms and conditions of this Agreement then the non- prevailing party shall be responsible for the costs of said litigation including a 7. LICENSOR SYSTEM. Licensee acknowledges that any oft the Licensor's equipment on the Properties is part of a currently operating wireless system, and agrees that Licensee will not undertake any activity on the Properties that will interfere with the ofr receipt of an invoice therefor. survive termination of the Agreement. reasonable attorney's fee to the prevailing party. operation of that system as currently built. 8. SEVERABILITY. In case any one or more of the provisions contained in this Agreement shall for any reason be held invalid, illegal, or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions hereof and this Agreement shall be construed as if such invalid, illegal or 9. NOTHIRD PARTY. This Agreement is expressly between the parties hereto and is not intended to provide any benefit to any third party not expressly identified herein, and any party not a party to this Agreement or expressly identified herein is hereby unenforceable provisions had never been contained herein. Exhibit 4 expressly excluded as a third party beneficiary hereunder. This clause is not intended to prevent Licensee or Licensor from allowing other public safety entities from joining onto the P25 architecture network this Agreement permits. 10. RENEWAL. This Agreement will be reviewed and is renewable every three years with a maximum 5 renewals. There is no implied agreement for tower space usage should the radio system infrastructure change to a different Communications format and P25 Communications cease to be used. IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT as of the day and year first above written. LICENSOR: Troy University By: Name: Title: LICENSEE: Dale County Commission By:. Ster Mliswd Name: hhe 75 Title: Pains Commission Chairman Steve McKinnon Commissioners Chis Carroll Donald O. Grantham District2 Charles W. Gary District3 Frankie Wilson District4 County Administrator Cheryl Ganey SCOTRA District1 Exhibit 5 C November 23, 2021 Mr. Bradley B. Lindsey, P.E. State Local Transportation Engineer Local Transportation Bureau Alabama Department ofTransportation 1409 Coliseum Boulevard Montgomery, Alabama 36110 Dear Mr. Lindsey: Subject: Letter of] Designation -FY2022 Section 5311 Program The Dale County Commission has carefully considered the selection of ani implementing agency for its Section 5311 project. We designate the Southeast Alabama Regional Planning and Development Commission dba Wiregrass Transit Authority as our local implementing agency. The principal contact person for this S. (Scott) Farmer. This designation remains in effect until rescinded by this Commission. is project Kenneth Ifyou have any questions on this designation, please contact me at (334)774-6025. Sincerely, Sbv Mhbmn Steve McKinnon, Chairman Exhibit 6 RESOLUTION WHEREAS, on February 28, 2003, President Bush issued Homeland Security Presidential Directive Number 5 (HSPD-5), which directs thel Homeland Security to develop and administer al National Incident Management System (NIMS), and WHEREAS, thel National Incident Management System represents a core set of doctrine, concepts, principles, terminology, and organizational processes to enable effective, efficient and collaborative incident management at all levels, and WHEREAS, the National Incident Management System provides the structure and mechanisms for federal support to state and local incident managers, and WHEREAS, Homeland Security Presidential Directive-5 requires all federal departments and agencies to adopts the National Incident Management System and to use itin domestic incident management and emergency prevention, preparedness, response, WHEREAS, Homeland Security Presidential Directive-5 requires adoption oft the National Incident Management System byl local organizations as a condition for federal preparedness assistance (through grants, contracts, and other activities) beginning in FY THEREFORE BEI IT RESOLVED, to comply with Homeland Security Presidential Directive-5, DALE County Commission, Emergency Management Agency, and the DALE County LEPC (Local Emergency Planning Committee) hereby adopts the concepts and principles as outlined ini thel National Incident Management System. This resolution adopted and approved this the 23. day of November, 2021 recovery, and mitigation programs ad activities, and 2005, ,now County CommisigpChairpan Shn Steve McKinnon 22274 EMA.Piregtor Willie T. Worsham Exhibit 7 Dale County Sheriff's Office Vehicles to surplus 1 Vin" 405 Year Make 2006 Chevrolet 2008 Chevrolet 2008 Chevrolet 2000 Ford Model Trailblazer/ White Tahoe/Gold Tahoe/G Gold Expedition/ Green Liberty White Charger Charger Charger Charger Tahoe Black Escape Hybrid Mileage Condition 16NDT135X62277481 Drivable, Poor interior, multiple panels broken Drivable-F Fair Exterior and interior Drivable - Fair Exterior and interior Drivable / Rusted under carriage Needs Engine 3759 1GNEX13048R244965 375a 16NFX13078R171526 1059 1FMPU1619Y1C25579 3823 1CAB/LAK2CW201929 2012 Jeep 37L9 2B3AA4CT0AH12882 2010 Dodge 3767. 2B3AA4CT6AH12885 2010 Dodge 3743. 283KA43T89H548633 2010 Dodge 283AA4C14AH12884 2010 Dodge 1GNFC13038R171858 2008 Chevrolet 1FMCU49339XD10680 2009 Ford 377D 404b 4077 Unsafe to drive per Jim Whaleys